Main Issues
Whether the litigation take-off system is appropriate due to the birth and death of an adopted child.
Summary of the case
A person who has taken over by another person's adopted child shall not be the inheritor of the adopted child, and where the biological father dies, the person shall not take over the lawsuit of the adopted child.
[Reference Provisions]
Article 208 of the Civil Procedure Act
Plaintiff-Appellant
(Name omitted of the text)
Defendant-Appellee
Defendant
Judgment of the lower court
Seoul High Court Decision 48Dou11 delivered on September 23, 1948
Text
The original judgment should be destroyed.
This case is charged to the Seoul High Court.
Reasons
According to the transcript of the family register that is bound to the records of the defendant's family register due to the death of the defendant using the defendant ex officio, the defendant, as the child of the deceased non-party 1, was transferred to the deceased non-party 1 as the child of the deceased non-party 1, i.e., the child of the deceased non-party 1, is not the heir of the deceased non-party 1, so the court below's judgment is unlawful to allow the defendant to take over the lawsuit as a matter of course.
It is without examining the grounds of appeal by not examining the grounds of appeal by Article 407(1) of the Civil Procedure Act.